OMBIR Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted for offences punishable under Section 376(2) IPC; 324 IPC, 325 IPC and 342 IPC. He has been sentenced to undergo imprisonment of life for the offence punishable under Section 376(2) IPC and to pay a fine of Rs. 10,000/ -, in default to undergo simple imprisonment for six months. For the offence punishable under Section 324 IPC he has been sentenced to undergo rigorous imprisonment for 1 1/2 years and to pay a fine of Rs. 2,000/ -, in default to undergo simple imprisonment for two months. For the offence punishable under Section 325 IPC he has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 2,000/ -, in default to undergo simple imprisonment for two months. For the offence punishable under Section 342 IPC he has been sentenced to undergo rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/ -, in default to undergo simple imprisonment for a period of 15 days. All sentences have been directed to run concurrently.

(2.) BRIEFLY stated, case of the prosecution was that on the intervening night of 7th and 8th October 2003, Anshu wife of the appellant informed the police that the appellant was married to her about 1 1/2 years ago and her father being very poor had left her sister "L" aged 10 years and her sister Sushila aged 3 years with them and that the appellant used to drink liquor and beat her. She informed that on 7.10.2003 her sister L told her that the appellant had raped her on 6.10.2003 and even on previous occasions had raped her. She informed that when she confronted the appellant with the said fact he inflicted injuries on her left arm, legs and the back with a kitchen knife and gave leg and fist blows on her sister L and slapped her mercilessly. She informed that she and her sisters were kept as virtual prisoners. She informed that the appellant had injured her private parts with a handle of a hand pump. She stated that on 7.10.2003 the accused had gone to answer the call of nature and forgot to lock the door from outside and using this opportunity she ran out of the house and met a man on the road named Chander Bhan to whom she narrated her plight and Chander Bhan brought her to the police station.

(3.) PW -3 Dr. Vishal Sehgal examined Anshu on 8.10.2003 and recorded the MLC Ex.PW -3/A noting therein the injuries on Sushila being: